PDBR Retired/Severance

[franky]

Thanks for the info Frank. So just to be clear as mud. Because my disability compensation is higher than what my retirement would be, I will not get a retirement check. That makes sense, and since that is the case, I will not have to recoup the severance pay until that retirement pay equals more than my disability compensation (so most likely never)? Also, I am currently having 10% of my disability compensation taken out to repay the severance on the VA side, if the PDBR raised my Military rating to 30%, do you know if that will effect my repayment percentage? Again I apologize if this is old information, I just want to get as much info as possible, and everyone here seems to have the best knowledge.

Mike

MTPR,

To answer your question in regards to repayment percentages, it is to my understanding that there will not be an increase as to how much will be recouped. Also, to reinforce my opinion and that of many others, it is worth submitting for a retirement through either the PDBR or ADBCMR. Good luck to and I wish you all success!

VR,
Frank

 

[MTPR]

Okay,
I received my Docket number last week! Let the process begin. I will keep you updated on the progress.

Mike

 

[DGaines]

I just received my paperwork today letting me know my separation has been recharacterized as a disability retirement at 40%. It took about a year to get everything back, but it of course seemed much longer than that. I am still awaiting my orders so I can take care of all the other things. I am currently rated 100% by the VA, so I too have questions about retroactive pay and also concurrent receipt. The paperwork does say, "The recharacterization of your separation as a disability retirement will result in an adjustment to your pay providing retirement pay from the date of your original medical separation (10/2005) minus the amount of severance pay you were previously paid at separation (which was about $8,000)."

Not sure how all of that will go. Any thoughts?

 

[Warrior644]

I just received my paperwork today letting me know my separation has been recharacterized as a disability retirement at 40%. It took about a year to get everything back, but it of course seemed much longer than that. I am still awaiting my orders so I can take care of all the other things. I am currently rated 100% by the VA, so I too have questions about retroactive pay and also concurrent receipt. The paperwork does say, "The recharacterization of your separation as a disability retirement will result in an adjustment to your pay providing retirement pay from the date of your original medical separation (10/2005) minus the amount of severance pay you were previously paid at separation (which was about $8,000)."

Not sure how all of that will go. Any thoughts?

Welcome to the PEB Forum!

Indeed, congratulations on your recent recharacterization to a disability retirement!

To that extent, what questions do you have in reference to retroactive pay and concurrent receipt?

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!

 

[Jason Perry]

I just received my paperwork today letting me know my separation has been recharacterized as a disability retirement at 40%. It took about a year to get everything back, but it of course seemed much longer than that. I am still awaiting my orders so I can take care of all the other things. I am currently rated 100% by the VA, so I too have questions about retroactive pay and also concurrent receipt. The paperwork does say, "The recharacterization of your separation as a disability retirement will result in an adjustment to your pay providing retirement pay from the date of your original medical separation (10/2005) minus the amount of severance pay you were previously paid at separation (which was about $8,000)."

Not sure how all of that will go. Any thoughts?

Did you "repay" any or all amounts via offset/recoupment of VA monies? Are your conditions combat related?

 

[DGaines]

Welcome to the PEB Forum!

Indeed, congratulations on your recent recharacterization to a disability retirement!

To that extent, what questions do you have in reference to retroactive pay and concurrent receipt?

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!

As you may have guessed, I called several numbers trying to find out what is next. As far as I can tell, I should just wait. I am waiting for orders it seems, but I have no idea how long that will take. I am also not clear on the retroactive pay. Do we receive that or does the 100% VA rating pretty much cancel it out? Thanks.

 

[DGaines]

Did you "repay" any or all amounts via offset/recoupment of VA monies? Are your conditions combat related?

The VA recouped the severance pay in 2006, and my injuries are not combat related.

 

[antjuanjones1893]

I am new to the forum and just recently found out that I am going to be medically retired at 40%. My question is will I recieve any back pay and my severence pay has already been recouped by the VA in full. I was medically released from the Army in September 2005, will I recieve back pay from the date of separation, or six years.

Any help would be welcomed

 

[WarnerC]

Ok so my third rebuttal has been at the ABCMR since 2014 and they are estimating another 6 months. I received disability severance of 20% in the amount of 73,000 +/- I’m now 90% at VA my question is if the retirement gets granted how does that affect my money? Now VA takes a small deduction from my monthly compensation and applies it towards the recoupment of my severance. So if I win my case and my one condition is deemed combat related whereas the other is not how does all the calculations pan out.

 

[falloutf8s]

I received my letter stating its being sent out for dd214 corrections and to DFAS. My situation is confusing to me and im trying to figure it out. Origionally I was separated with severance of 10% in Oct 2004, with PDBR they retired me with 30%. from separation to PDBR I have been with the VA, I applied for VA disability on Nov 2004, was approved in Feb 2005 at 50% VA, did not receive payments from VA until Aug 2008 for "recoupement" of severance. In Feb 2015 put on perm and total 100% by VA. Now my confusion is the time from separation to the time I received VA payments will I be receiving or owed any type of pay? any and all help or direction is helpful. Im in MA and been trying my hardest to get a VSO rep and I guess they cant be bothered out here.

thanks

Brian

 

[Wldra66it]

Hello everyone,

I have not been on this forum for awhile, I remember when it was first getting going and Jason was just starting it. I can't believe how much information is on here now, it's almost overwhelming. Okay to reply to some of the questions on here:

1. I too was discharged with severance at 10% back in July 2007. I received medical retirement at 50% backdated to my date of discharge in March of 2011 as a result of the Sabo Lawsuit. I applied for and received CRSC and 4 months ago received backpay to date of retirement along with a refund of VA Recoupment from CRSC. Two months ago I received a letter from the VA saying that since I received severance (now re-characterized as retirement pay) and VA Comp supposedly "concurrently" that I once again owe them the entire amount of severance and it will be recouped monthly (again) until it is paid off. I am appealing the schedule by which they want to recoup but basically there is nothing we can do about this since our government refuses to pass full concurrent receipt for medical retirees. Also, through the magic of a federal judge, it looks like my retired percentage is not going to equal my VA percentage for combat related, so that is going to go up to 70%. (Not sure if or how that will affect recoupment).

2. As far as Tricare is concerned, you can absolutely apply for all your back medical bills to be paid back to date of retirement. However, yes you have to have all your ducks in a row and have receipts for everything. Tricare will only reimburse you at the rate they would have paid the medical professionals under your coverage and they will only pay for things that Tricare covers. (In my case, my back and neck issues required thousands of dollars of chiropractic care...Tricare does not cover chiropractic so I'm out of luck for those expenses.) I talked to a lawyer from the NVLSP (National Veterans Legal Services Project) just this week and she sent me the form to fill out and send my claims into. It's a REALLY big task ahead of me to get all this done and commosgt is right, NOBODY at Tricare has a clue about what to do or how to do it...they are completely unprepared for this.

That's all I got y'all, all in all it's very good news for me, just a few glitches in the laws (still) that are making it uncomfortable. Feel free to PM me if you need any advice or help with your case. I'm always open to sharing what I know. God Bless!!

Kevin

Congratulations, I too was separated with severance in 2011 and a year later got the letter from DOD to have my discharge reviewed for possible upgrade due to Sabo V United States. However they denied me I rebutted and in the process I had moved. Wasn’t until 2014 that I filed to have my DD214 corrected that I finally got the proceedings of the board at the time. Basically they denied me cause they felt I didn’t have ptsd that I just scored high on the tests. So they were saying without saying I was faking it. Then I remembered about the LOD investigation from my attempted suicide and the counseling I received for ptsd/depression. Funny thing is when I received said counseling the shrink said rule out ptsd. I didn’t know unti news broke of the Army/VA scandal of don’t diagnose as PTSD but rather anxiety disorder so I got my records at the tie ad sure enough that’s what happened, so I confronted the doc and she stated it wasn’t a complete rule out but just I was in initial stages of treatment. The Sabo happened a couple years later I go to MEB for knees, finally get officially diagnosed with ptsd, and back. However CDR didn’t do fitnesses for duty report on back or ptsd hence why I was separated with severance. Well I again applied to ABCMR suppling the evidence of my attempted suicide and proof I was being treated for ptsd since 2008. Well it’s bee sitting at the board for about 806 days last month I email to check on case to be told that it finally got movement and went to a third party for a medical advisory.My proposed relief request was a recharacterization to a medical retirement between 50-70% DOD rating. How I came up with that number was I was rated by VA 30% for ptsd after my discharge and two years ago it was increased to 50% so I took those numbers and added to my knees. I also stated what should’ve happened in my case when I was MEB is the CDR should’ve done a fitness for duty report on both my back and ptsd but he didn’t furthermore I should’ve been placed on TDRL and brought back for future evaluations neither of which happened hence the feeling of injustice. So I’m hoping I proved my case this time around. Plus I supplied my VA ratings, DD215 with my CAB and 2nd MUC. I’m just so tired of fighting for what I should’ve received in the first place. Sorry for the rant just needed to vent so I. An remain hopeful.

 

[AM Navy]

I am curious if any members that have been retired by the PDBR who also received Severance and have paid it off prior to retirement was there any recupment of pay/severance/etc. I am also curious to know why you were not able to get back your severance pay eventhough the VA paid it back. Did you receive a some type of back pay? If so how far did they did they go back (months/years) etc.

Does anyone have any updated news on their case etc?

I do know, when I got 100% from the VA I had to pay severance back to change my original decision from medical separation! What I was told is because, you are no longer agreeing to the severance an appealed your original rating an separation then it has to be paid back. That’s what the VA explained to me. So I am assuming, that would be the same for this. There is gonna be a catch I know it. I’m in the same boat about back pay an severance an it already being paid back. I have read on here that some cases only go back to original date of separation till your VA benefits kicked in to 30% or higher. Hope this helps. I have only read these statements though An don’t want to miss lead anyone! I’m searching too!

 

[AM Navy]

I received my letter stating its being sent out for dd214 corrections and to DFAS. My situation is confusing to me and im trying to figure it out. Origionally I was separated with severance of 10% in Oct 2004, with PDBR they retired me with 30%. from separation to PDBR I have been with the VA, I applied for VA disability on Nov 2004, was approved in Feb 2005 at 50% VA, did not receive payments from VA until Aug 2008 for "recoupement" of severance. In Feb 2015 put on perm and total 100% by VA. Now my confusion is the time from separation to the time I received VA payments will I be receiving or owed any type of pay? any and all help or direction is helpful. Im in MA and been trying my hardest to get a VSO rep and I guess they cant be bothered out here.

thanks

Brian

I never received my full back pay! I got out in 06. From then till 2011 I fought to get me rating higher. 2012 they increased me to 30% an 2013 100%
They only back paid the 30% from the 3rd rebuttal till effect date an back paid my gap from 30% to 100% meaning I got 70% of that gross in the gap. I don’t know why they did it that way An it was wrong. But honestly I didn’t want to fight against the 100% An just made it final. That’s how it was explained to me

 

[RonG]

Re: Ch 61 Disability Retirements

All Ch 61 retirees (less than 20 years AD) will have their retired pay reduced by the amount of VA compensation. Often, this leaves zero retired pay remaining. In some cases, CRSC is an option. CRDP might apply for those with >= 20 years AD and >= 50% VA rating.

Collection of CRSC Info <—- LINK

Ron

 

[AM Navy]

So your VA rate at 100%, if it out pays, the retirement amount awarded after this zeros out an you get nothing? I’m confused. Please help

 

[RonG]

So your VA rate at 100%, if it out pays, the retirement amount awarded after this zeros out an you get nothing? I’m confused. Please help

Example, present day:

Retired pay = 2000
VA compensation = 3000
Result = 2000 is reduced by 3000 VA compensation which results in zero retired pay
(The same concept applies to retroactive payments.)

The same individual might be eligible for CRSC which was referenced above and a link provided.

Good luck,
Ron

 

[edwards7986]

I do know, when I got 100% from the VA I had to pay severance back to change my original decision from medical separation! What I was told is because, you are no longer agreeing to the severance an appealed your original rating an separation then it has to be paid back. That’s what the VA explained to me. So I am assuming, that would be the same for this. There is gonna be a catch I know it. I’m in the same boat about back pay an severance an it already being paid back. I have read on here that some cases only go back to original date of separation till your VA benefits kicked in to 30% or higher. Hope this helps. I have only read these statements though An don’t want to miss lead anyone! I’m searching too!

So in my case i received a severance pay, shortly after discharge the v.a. paid it back. Then i got pdbr retirement, since the v.a. paid back my severance it is as if i never got it. If the v.a. didn't pay it back, or i did not receive v.a., i would have to pay it back with my retirement back pay.

Funny thing in my case is i didn't pay taxes on my severence(combat related), the v.a. only made me pay back the portion as if i did pay taxes(23400 instead of 31000) then when i got pdbr they say i don't owe anything.. yay for me. I don't know if its because this all get back dated to 2006 and is lost in the sauce or a simple oversight. i don't know, and i have called dfas and v.a. and they don't seem to know or care, so ok whatever.

 

[RonG]

Edwards7986,

VA Manual: M21-1, Part III, Subpart v, Chapter 4, Section B
Section B. Recoupment of Separation Benefits

2. Determining the Amount to Recoup and Withhold From Monthly Payments

Type of Separation Benefit

Date of Entitlement to VA Compensation

Date of Receipt of the Separation Benefit

Amount of Pay Va Recoups

disability severance pay for a disability VA initially rated at least 10 percent disabling	N/A	on or before September 30, 1996	pre-tax amount
		after September 30, 1996	after-tax amount

Important Note: See: M21-1, Part III.v.4.B.2.e. Exceptions to Policies for Recouping Separation Benefits Ron

 

[RonG]

The URL for M21-1 Adjudication Procedures Manual
is M21-1 LINK <——-

Ron